[log in to unmask] wrote:
>
> It seems to me that the permission to erase cannot be granted by the
> supplier of the software which causes the erasing simply putting on
> the box words to the effect that
>
> 'use of this software by the purchaser allows the supplier to erase
> such bits of the purchaser's software holdings as the supplier may
> elect'
>
> But I would still like to hear what Graham Ross has to say; are you
> there Graham?
I've already responded but thanks for your point. This is similar to the
"shrink wrap" point. My view is that such conditions have no effect
unless brought to the attention of the purchaser BEFORE he buys. So if
buy mail order eg, no effect. Howveer, may be different if buys off the
shelf and this wording is indeed on the box as capable fo being read
without removing the wrapping.
The wider question is whether, if there is no consent, is the Act
contravened. It was not its purpose,and intent would have to be
established, but if the software is written specifically to destroy
data/programmes without notifying the user then there may be a technical
breach. I would have to look at all the Act's wording and to see the
whole packaging.
I have come late to this thread so it is not clear to me what is the
precise product we are talking about and what does it do. Can someone,
(Risk/Ride?), clarify.
Graham Ross
Solicitor
Ross & Co
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
ALeRT:-http://www.alertuk.com
Y2K-LAW:-http://www.y2kalert.com
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